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Greg Siskind on Immigration Law and Policy

DEPARTMENT OF LABOR: UH, NEVER MIND

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Just posted on the DOL web site:



September 17, 2008 The Department has been presented with evidence
indicating that prior to its recent audits, many immigration attorneys
believed that the Department's rule regarding consideration of U.S.
workers did not apply to them unless they represented not only the
employer seeking the labor certification, but also the alien for whom
the certification was being sought. That interpretation is incorrect,
as the Department's recently issued PERM program clarifying guidance
makes clear. Nevertheless, the Department will apply the requirements
of the consideration rule as interpreted by its recent guidance only to
labor certification applications the recruitment for which was begun
after August 29, 2008, the date on which the Department's final
guidance was issued. All pending audits triggered exclusively by
consideration rule concerns are therefore being released and will be
processed in accordance with their original filing date.

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